Proceeds of Crime Act 2002

CHAPTER 2 - THE CONFISCATION SCHEME  

PART 2-2 - FORFEITURE ORDERS  

Division 5 - Reducing the effect of forfeiture orders  

Subdivision A - Relieving hardship  

SECTION 72   Relieving certain dependants from hardship  

72(1)  
The court making a * forfeiture order specifying a * person ' s property must make another order directing the Commonwealth to pay a specified amount to a * dependant of the person if:


(a) the forfeiture order is not to be made under section 48 ; and


(b) the court is satisfied that:


(i) the forfeiture order would cause hardship to the dependant; and

(ii) the specified amount would relieve that hardship; and

(iii) if the dependant is aged at least 18 years - the dependant had no knowledge of the person ' s conduct that is the subject of the forfeiture order.

72(2)  
The specified amount must not exceed the difference between:


(a) what the court considers is likely to be the amount received from disposing of the * person ' s property under the * forfeiture order; and


(b) what the court considers is likely to be the sum of any payments of the kind referred to in paragraph 70(1)(b) in connection with the forfeiture order.

72(3)  
An order under this section may relate to more than one of the person ' s * dependants.




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